Dismissed

Shankaranand and Others v. State through Chief Secretary Forest

Rajasthan HC6 Jul 2022CPA/2/2014

Case brief

AI extract

What is this about?

The High Court dismissed a pauper application filed to assail a prior decree for possession. The court held that the application, filed in 2014, was abandoned by the appellants who failed to pursue it or file instructions, leading to its dismissal under Order 44 Rule 1 CPC.

What did the court decide?

Application dismissed due to abandonment and lack of instructions.

Shankaranand and Others Vs State through… — Civil Procedure and Limitation | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Pauper Application No. 2/2014 in

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S.B. Civil First Appeal No.244/2013

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Shri Shankaranand Sevashrem Trust, Ram Mandiram audi Ramasagar, Post Amber, through Secretary Shri Rameshwar Lal Vijay S/o Late Shri Nirannjan Lal, R/o Vikjay Bhawan, Moti Katla, Chaar Darwaaja, Jaipur.

¶5

Smt. Mohini Devi W/o Swami Yoganand Sanyasi alias Prabhu Narayan Sharma, R/o Audi Ramsagar, Village Sisyavas, Tehsil Amber, District Jaipur.

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----Appellants-Defendants

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Versus

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State Through Chief Secretary, Forest Department, Secretariat, Jaipur

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Pradhan Van Sanrakhsak, Rajasthan Jaipur, Van Bhawan, Vaniki Path, Tilak Marg, Ashok Nagar, Jaipur

¶10

-----Respondents-Plaintiffs

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Shri Rameshwar Lal Vijay S/o Shri Niranjan Lal Vijay, R/o Vijay Bhawan, Moti Katla, Chaar Darwaaja, Jaipur

¶12

Shri Amar singh S/o Shri Sakti Singh R/o 53-54 Deshbhushan Nagar, Surajpol, Galta Road, Jaipur

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Dr. Atama Ram Sharma S/o Vaidh Nandlal Sharma, R/o Nand Bhawan, Khuteta ka Rasta, Kishnapol Bazar, Chokri Top Khana Desh, Jaipur

¶14

Shri Yognedare Sharma S/o Shri Danniram Sharma, R/o Plot No. C-65, Ram Nagar Colony, Shastri Nagar, jaipur

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Shri Hanuman Prasad Mathur S/o Manohar Lal Mathur, R/o G- 776, Gandhi Nagar, jaipur

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Shri Bhawarlal Sharma S/o Shri Gopal Lal Sharma R/o Plot No. 96 Shiv Colony, Kisan Marg, Sanganer, Jaipur

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Shri Harikishan Khurana S/o Heerannand Khuranan R/o 36 New Ramgarh Road, Madhav Das Colony, Behind Gurudwara, jaipur.

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Smt. Shobna Kaushik W/o Shri P.K. Kaushik, R/o Plot No. 972 Ramnagar Colony, Shastri Nagar, Jaipur

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Shri Rameshwar Prasad Vasisth S/o Unknown, R/o Apna Farm Village Kukas, Tehsil Amber, District Jaipur

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R.S. Sharma & company Pvt. Ltd. Through Chairman Shri Umashankar S/o Shri R.S. Sharma R/o Delhi

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-----Proforma Respondents

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(2 of 2)

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[CPA-2/2014]

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For Petitioner(s) : Mr. Akash Gupta For Respondent(s) :

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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06/07/2022

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Appellants filed this pauper application under Order 44 Rule 1 CPC seeking permission to assail the judgment and decree for possession in capacity of indigent person. The application was filed way back on 09.10.2014 and the impugned decree for possession is of 16.02.2013.

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Learned counsel for appellants submits that appellants have not turned up to pursue the application after filing the same and it appears that the impugned decree has already been executed.

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Learned counsel for appellants pleads no instructions on behalf of appellants.

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In view of above, the S.B. Civil Pauper Application No. 2/2014 is dismissed.

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(SUDESH BANSAL),J

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SACHIN /23

Shankaranand and Others v. State through Chief Secretary Forest

Case brief

What is this about?

What did the court decide?

Shankaranand and Others v. State through Chief Secretary Forest

Case brief

What is this about?

What did the court decide?

What the court decided

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